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2021 Supreme(Bom) 1453

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Madhav Jamdar, J.
Sayed Mohamed Zahid Anis Ahmed - Appellant
Versus
Hema Shantilal Bhagat - Respondent
Commercial Arbitration Petition (L) No. 24839 of 2021
Decided On : 09-11-2021

Important Points

Timely filing of affidavit in reply is crucial in the court proceedings.

Subject

Civil Law - Service of Process

Headnote

Affidavit - Service of Petition - The court directed the respondent to file the affidavit in reply within 10 days from the date of the hearing.

Fact of the Case:

The petition was served to the respondent via email and hard-copy on the day of the court hearing.

Finding of the Court:

The court rejected the respondent's prayer for four weeks' time to file the affidavit in reply and directed them to do so within 10 days from the date of the hearing. The case was adjourned to 23rd November, 2021.

Issues: Service of petition, time to file affidavit in reply

Ratio Decidendi: The court emphasized the timely filing of the affidavit in reply and rejected the respondent's request for an extended period.

Final Decision: The respondent was directed to file the affidavit in reply within 10 days from the date of the hearing, and the case was adjourned to 23rd November, 2021.

Advocates appeared:
Ram Upadhyay, Advocate, J.Ranawat, Advocate

JUDGMENT

Madhav Jamdar, J. - Mr.J.Ranawat, learned Counsel appearing for the Respondent states that the Petition was served yesterday by email.

2. Today, in the Court hard-copy of the petition has been served on the Respondent. Learned Counsel for the Respondent prays for four weeks time to file affidavit in reply. The said prayer is rejected.

3. Learned Counsel for the Respondent is directed to file the affidavit in reply within 10 days from today.

4. Stand over to 23rd November, 2021.

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